O'Neill v. Barry
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ellen O’Neill, from a judgment of the Supreme Court in favor of the defendant, entered in the office óf the clerk of the county of Onondaga on the 14th day of January, 1897, upon the report of a referee who was appointed to hear and ■determine the claim of the plaintiff, referred under the statute, with the assent of the surrogate of Onondaga county.
1Opinion of the Court
Hardin, P. J. :
Plaintiff was a sister of Patrick Tighe. He died in Onondaga ■county, and his will was duly probated andTetters testamentary were issued to the defendant, and after the defendant had advertised for •claims against Patrick’s estate the plaintiff presented a claim for' $600. The executor rejected the claim and entered into a stipulation, pursuant to section 2718 of the Code of Civil Procedure, refer- • ring the claim to the referee named to hear and determine.
Prior to July, 1892, Michael Tighe, father of the plaintiff and of the testator, executed a real estate mortgage upon…
2Cases cited8 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Van Slooten v. WheelerNew York Court of Appeals · 1893
- Stanley v. . National Union BankNew York Court of Appeals · 1889
- Rowland v. HowardNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kracht v. BrosmanAppellate Division of the Supreme Court of the State of New York · 1903